Hammond v. Comptroller of the Currency

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that as a practical matter, a court must accept a party's representation that it has produced all documents responsive to a request or that it has no such documents
• stating that, under analogous federal rules, “documents are considered to be under a party’s control when that party has the right, authority, or practical ability, to obtain the documents from a non-party to the action” (quotation simplified)
• stating the purpose of Rule 30(b)(6)’s duty to prepare a witness is designed to prevent the prevent the “sandbagging” of an opponent “by conducting a half-hearted inquiry before the deposition but a thorough and vigorous one before the trial.”
• a corporation must prepare its deponents “so that they may give complete, knowledgeable and binding answers on behalf of the corporation.”
• the court will not order a party to produce documents that the party represents it does not have in its possession, custody, or control
• “We understand that the burden upon the responding party, to prepare a knowledgeable Rule 30(b)(6

Source: CourtListener parenthetical corpus (CC0).